Our U.S. colleagues recently wrote a great piece about the long-awaited and much-debated decision of the National Labour Relations Board (the “NLRB”) in Browning-Ferris Industries of California, 362 NLRB No. 186, (“Browning-Ferris”) which has dramatically changed the concept of “joint employment” south of the border. U.S. employers who – on the basis of 30 years of NLRB precedent – have operated on the basis that workers supplied by temporary staffing agencies were not their employees should take heed. The rules have changed and employers will need to adapt. Readers who want a purely U.S. analysis of this landmark case can link to it here.
Continue Reading Meet the New Boss…. Same as the Old Boss? Temporary Workers and Joint Employment in the U.S. and Canada
The Vacation is Over: The Ontario Labour Relations Board Declares Secondary School Strikes Unlawful and Sends 74,000 Students Back to Class
On May 26, 2015, the Ontario Labour Relations Board (“OLRB”) released a decision that declared the local strikes by teachers in the Durham, Sudbury (Rainbow), and Peel public school boards to be unlawful. At the time the OLRB hearings were held, there were approximately 74,000 secondary students “out of class” as a result of the strikes.
Continue Reading The Vacation is Over: The Ontario Labour Relations Board Declares Secondary School Strikes Unlawful and Sends 74,000 Students Back to Class
Not on My Watch – What Employers Can Do When Unions Come Knocking (Part 2)
In our last post, we gave an overview of the union certification process, talked about why employees might choose to join unions and some signs of union organizing that employers should watch for. In this post, we will discuss what employers can and cannot do during an organizing campaign.
Continue Reading Not on My Watch – What Employers Can Do When Unions Come Knocking (Part 2)
Not on My Watch – What Employers Can Do When Unions Come Knocking (Part 1)
When an employer receives a certification application, the countdown clock begins. If the employer was unaware that an organizing campaign was underway, the employer will have only five days to formulate a plan and implement it. This means that employers are often left scrambling, which could result in certification of the union or an unfair labour practice complaint.
Recently, this issue was highlighted in an article by the Toronto Star, which discussed the certification of housekeepers at the Trump Hotel in Toronto.
Continue Reading Not on My Watch – What Employers Can Do When Unions Come Knocking (Part 1)
No More Stacking the Deck: Employees’ Voting Rights Act Brings Changes to Federal Union Certification and Decertification Processes
On June 16, 2015, Bill C-525, commonly known as the Employees’ Voting Rights Act (“EVRA“), will come into force. EVRA will make some minor, but impactful, changes to the processes in which unions gain and lose bargaining rights in the federal public sector.
Continue Reading No More Stacking the Deck: Employees’ Voting Rights Act Brings Changes to Federal Union Certification and Decertification Processes
Webinar: Food & Agribusiness Labour Issues in 2015
Food & Agribusiness Labour Issues in 2015 & Beyond
Date: March 18, 2015 | Time: 1:00 – 2:00 PM EST
Labour, employment and immigration topics continue to be hot button issues for companies operating in the food and agribusiness space. To help navigate recent changes, Baker & McKenzie’s top employment lawyers will discuss the following topics during our webinar on Wednesday, March 18, 2015:
- New NLRB election rules
- Managing the new era of social media and email
- Union organizing of fast food workers
- International Framework Agreements
- Immigration regulations
Continue Reading Webinar: Food & Agribusiness Labour Issues in 2015
Supreme Court of Canada Recognizes Constitutional Right to Strike: What Does it Mean for Employers?
Overruling one of its own decisions, the Supreme Court of Canada today has determined that the “right to strike” is protected under s. 2(d) of the Charter, which is the freedom of association provision. In Saskatchewan Federation of Labour v. Saskatchewan, the Court confirmed that legislation that limits the right to strike is unconstitutional unless its limits are reasonable and justified in a free and democratic society.
In practice, this case will ensure that legislators do not limit the right to strike without a strong and compelling justification, and without providing an alternative means of resolving a bargaining impasse –an alternative means that will not undermine the bargaining power of the union. In any event, a law that limits the right to strike must interfere only as much as is necessary.
Continue Reading Supreme Court of Canada Recognizes Constitutional Right to Strike: What Does it Mean for Employers?
Settlement Agreement Confidentiality Strongly Enforced: Former Globe and Mail Columnist Who Was Ordered to Repay $209,912 Now Required to Pay $30,000 in Legal Costs
Our regular readers will recall a previous blog about the case involving Jan Wong, a former Globe and Mail columnist, who violated the confidentiality clause in a settlement agreement that was intended to finally resolve her unjust dismissal grievance. Wong disclosed information about the settlement in her published book, Out of the Blue. The arbitrator found that Wong’s disclosure breached a specific provision of the settlement agreement, and ordered her to repay $209,912 to her former employer.
In an attempt to reverse the arbitrator’s decision, Wong applied to Divisional Court for judicial review. To put it mildly, she did not succeed. Moreover, she was ordered to pay $30,000 in legal costs to her former employer and union.
Continue Reading Settlement Agreement Confidentiality Strongly Enforced: Former Globe and Mail Columnist Who Was Ordered to Repay $209,912 Now Required to Pay $30,000 in Legal Costs
Will Canada’s New Anti-Spam Legislation Affect Labour Relations Communications?
On July 1, 2014, key components of Canada’s “anti-spam legislation” came into force, but the full impact is still uncertain, particularly with respect to labour relations communications. Our colleague, William Watson, has posted an interesting article on this in his blog, The Legal Playing Field. Click here to read.
Privacy in the Labour Relations Context: Union Entitled to Contact Employee at Home
In Bernard v Canada (Attorney General), 2014 SCC 13, the Supreme Court of Canada confirmed that employee privacy rights do not override a union’s right to receive the information that it requires to fulfill its representational duties. Accordingly, employers may be required to disclose information that will allow a certified union to contact members of its bargaining unit at home, and failure to do so may constitute an unfair labour practice.